Nev. Rev. Stat. » NRS: CHAPTER 176 - JUDGMENT AND EXECUTION
Nevada Revised Statutes

Nev. Rev. Stat. § 176.425 (2026)

Sanity investigation: Filing of petition; stay of execution

✓ current as of July 2026
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NRS 176.425  Sanity investigation: Filing of petition; stay of execution.

      1.  If, after judgment of death, there is a good reason to believe that the defendant has become insane, the Director of the Department of Corrections to whom the convicted person has been delivered for execution may by a petition in writing, verified by a physician, petition a district judge of the district court of the county in which the state prison is situated, alleging the present insanity of such person, whereupon such judge shall:

      (a) Fix a day for a hearing to determine whether the convicted person is insane;

      (b) Appoint two psychiatrists, two psychologists, or one psychiatrist and one psychologist, to examine the convicted person; and

      (c) Give immediate notice of the hearing to the Attorney General and to the district attorney of the county in which the conviction was had.

      2.  If the judge determines that the hearing on and the determination of the sanity of the convicted person cannot be had before the date of the execution of such person, the judge may stay the execution of the judgment of death pending the determination of the sanity of the convicted person.

      (Added to NRS by 1967, 1440; A 1977, 861; 1991, 1002; 2001 Special Session, 219)

     

Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1986–2021 · leading case: Ford v. Wainwright, 477 U.S. 399 (1986).
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Ford v. Wainwright, 477 U.S. 399 (1986). · cites it 2× “§ 29-2537 (1979); Nev. Rev. Stat. § 176.425 (1985); N. M. Stat.”
Calambro Ex Rel. Calambro v. Second Jud. Dist. Court of Nevada, 964 P.2d 794 (Nev. 1998). · cites it 16× “Petitioner argues that constitutional due process and NRS 176.425 entitled her to procedural rights which she failed to receive.”
Baird v. State, 833 N.E.2d 28 (Ind. 2005). · cites it 2× “07 (2005) ("when the Governor is informed that a person under sentence of death may be insane" a commission of psychiatrists is to be appointed); Nev.Rev.Stat. § 176.425 (2004) (if "there is a good reason to believe that the defendant has become insane" the director of the…”
Chappell (james) v. State (death Penalty-pc), 2021 NV 83 (Nev. 2021). · cites it 3× “See NRS 176.425; NRS 176.455. SUPREME COURT OF NEVADA 38 (0) 1947A .”
Vanisi (Siaosi) v. Warden (Death Penalty-Pc) (Nev. 2017). “" NRS 176.425(1). SUPREME COURT OF NEVADA 4 (0) 1947A federal circuit court of appeal are not binding upon this court.”
Mulder (Michael) v. State (Death Penalty-Pc) (Nev. 2018). “3 To the extent Mulder argues that he is incompetent to be executed, this claim is wholly separate from his claim that incompetency provided good cause to file an untimely and successive petition.”
— Nev. Rev. Stat. § 176.425(1) — 2 cases
Calambro Ex Rel. Calambro v. Second Jud. Dist. Court of Nevada, 964 P.2d 794 (Nev. 1998). “Petitioner argues that constitutional due process and NRS 176.425 entitled her to procedural rights which she failed to receive.”
Vanisi (Siaosi) v. Warden (Death Penalty-Pc) (Nev. 2017). “" NRS 176.425(1). SUPREME COURT OF NEVADA 4 (0) 1947A federal circuit court of appeal are not binding upon this court.”
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